AMENDMENTS TO THE FEDERAL ANTITRUST LAW.
by GPD Law | Jul 23, 2025 | Alerts
On July 16th, 2025, the decree amending, adding, and revoking various provisions of the Federal Antitrust Law (“LFCE”) was published in the Federal Official Gazette (Diario Oficial de la Federación – “DOF”). The following are the most relevant highlights:
- Creation of the National Antitrust Commission: The Federal Economic Competition Commission (“COFECE”) is eliminated as an autonomous regulatory body in competition matters. COFECE was previously composed of 7 Commissioners appointed for a 9-year term. A new body, the National Antitrust Commission (“CNA”), is created as a decentralized agency under the Ministry of Economy. It will regulate economic competition in general, as well as in telecommunications and broadcasting. It will be composed of 5 Commissioners, appointed for a 7-year term.
- Elimination of guarantees: The possibility of providing a guarantee to lift injunctive relief imposed by the authority in the exercise of its powers is removed.
- Reduction of deadlines: Procedural deadlines are generally shortened, both for the Investigative Authority during the investigation procedure, and for the CNA in the Trial-Like Procedure, the Concentration Notification Procedure, and other special procedures.
- Suspension of Deadlines and Procedures: As of July 17th, all investigation deadlines within COFECE are suspended until the new Plenum of the CNA is formally established. Ongoing investigations and concentrations reviews will continue under the legislation in effect at the time they were initiated.
- Other Relevant Aspects:
- An oral hearing is now mandatory in the Trial-Like Procedure, during which the parties may present arguments and make final allegations and pleadings.
- Thresholds for concentrations above which authorization from the CNA is required are lowered.
- Economic Agents subject to investigation for Relative Monopolistic Practices or unlawful Concentrations may now request the benefit of immunity or reduction of fines even after the Investigative Authority has issued the statement of probable responsibility.
- Fines are increased and broadened in scope. This applies to Article 126 of the LFCE (enforcement measures) and Article 127 (sanctions for violations). Maximum fines are increased to 15% of income for absolute monopolistic practices, and up to 10% for abuse of dominance or unlawful concentrations.
- Competition compliance programs are now officially recognized as mitigating factors in the imposition of sanctions.
Alfonso González-Paullada
Guerrero
Business Law
Managing Partner
José Alberto
Domínguez Téllez
Dispute Resolution
Partner
José M. Ramírez
Álvarez
Business Law
Jr. Associate
Alfonso González-Paullada
Guerrero
Business Law
Managing Partner
José Alberto
Domínguez Téllez
Dispute Resolution
Partner
José M. Ramírez
Álvarez
Business Law
Jr. Associate
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